Council tax summons, but CT is being paid

bwgames

Not sure if this is the right board, but here goes:

I took over the tenancy of a property on 1st August, but didn't move in till mid-September. I got a letter from the council asking to set up CT payments, and a form for single person discount.

Duly returned all the forms on 6th Sept. They set up a direct debit, and the online council tax accounts thing says it was all set up, first payment 1st Nov (could've been 1st Oct, but I think it was delayed due to setting up of single person discount). I got a couple of red letters during this time which I ignored as they said "if payment has been arranged, ignore".

I got a letter today, with a court summons for non payment of CT, for the amount from 1st Aug to 31st March 2009. One odd thing is that the "Charge/Penalty date" is 28th Feb 2008.

I get that perhaps I should've made arrangements for it as soon as I took the tenancy over, but its all set up, its all being paid now, but they've issued me with this summons, despite it having been set up (direct debit etc) for over a month, if not longer, now.

What do I do? Obviously I need to write a letter, but to whom, and saying what?

Thanks

Edit: After having reviewed it some more, I think I see whats happened. I didn't understand the CT was payable on 1st Sept, and just assumed that returning the DD would be ok. The reminder letters they sent **AFTER I had returned the DD form** said "If you return the DD form within 7 days of the date of this letter, the payments will be rescheduled", and I had returned it, and indeed, the online CT website did show a schedule of payments. Unfortunately I can't access it now, as it displays the current status, with the summons.

I don't see how I'm at fault now, especially with their reminder letter saying that what I had done was fine. Just not sure how to word it...

bwgames

This is the letter I've written and looking at sending it to the council and to the clerk to the justices:

Dear Sir/Madam.
REF: Council Tax Reference

Regarding the above matter:
I took over the tenancy of the property on 1st August 2008, and moved in early September 2008.
The direct debit forms were returned to Revenue and Benefits on the 6th September 2008, along with a single person discount form.
A direct debit was duly set up, and the online account showed that instalments were scheduled.
After this time, reminder letters were sent which stated “If the direct debit form is returned within 7 days of this letter, we will allow the payments to be rescheduled.” As the direct debit had been set up, I assumed this was the case. This was also confirmed by the council when I called them to enquire.
Furthermore, the summons lists a “Charge/penalty date” of 28th February 2008. As I was not in the property at the time, this is clearly incorrect.
In light of this, I request that the summons be withdrawn. Payment was scheduled for the 1st of every month, and so should be have been taken by the time of receipt of this letter. However, I can no longer provide proof of this, as the option to view the installment information online has disappeared.

Yours faithfully,
XXX

darkcloudi

Have you tried phoning them to try and sort the problem out? Since you were not living at the premises prior to August 08 you should tell them that, you could also send them evidence of this as this is something they will request, i.e. something showing you tennancy started in August or something showing you lived elsewhere.

Mikeyorks

Your letter is fine ...... but don't copy it to the Clerk to the Justices as the Court have no further interest in the case, unless the Council take it back to them.

But - personally I'd 'phone the Council before you send the letter and see if you can squash the Order (they just put it to one side) / costs that way. But follow up with the letter if any doubt or silliness. The fact they have a DD in place against a schedule (prior to it's disappearance ... didn't you get a paper copy?) without Costs included .... points to you getting it sorted? Your online Mandate with your Bank probably shows when it was filed with the Bank?

bwgames

Thanks.. I will phone them tomorrow, its just I prefer things in writing, especially stuff like this.

No, I didn't get a paper copy of the DD. My online DD details only list the originator ID and reference, nothing else.Is there anything I can do to prove when the DD was set up?

I have a suspicion how this might've came about: I accidentally opened a letter addressed to the previous owners about unpaid council tax, and it was from a bailiffs firm saying they were visiting. I haven't done anything, as I shouldn't have opened it - if they come round I'll prove that I was here from August via tenancy agreement etc.

I have a suspicion that somehow the "account overdue" status got transferred to my new account or something. Surely they'd need a civil judgement against the previous owners before baliffs - and it was "appointed Certificated Bailiffs by the above named local authority", doesn't appear to be the usual Buchanan and Wells-style.

I'm not going to mention the above to the council when I call.

darkcloudi: I'm fairly sure the council know I moved in August, as the demand says "1st August 2008 to 31st March 2009", so that shouldn't be an issue.

Mikeyorks

bwgames wrote: »

Is there anything I can do to prove when the DD was set up?

Sorry - I thought there was an initiation date on mine. But the memory must be failing as there's only the last DD request date + £value.

If the date starts to become important - the data held by your Bank will have the initiation date ... if they will release it.